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(2021) JELR 106984 (SC)

Supreme Court  •  SC.254/2012  •  22 Jan 2021  •  Nigeria

Nwali Sylvester Ngwuta, JSC John Inyang Okoro, JSC Chima Centus Nweze, JSC Ejembi Eko, JSC Uwani Musa Abba Aji, JSC


SYLVESTER NGWUTA, J.S.C. (Delivering the Leading Judgment): The Plaintiffs [now Respondents] commenced Suit NO. HCT/72/1995 in the High Court of Ogun State of Nigeria, in the Otta Judicial Division on 24th April, 1995.

Endorsed on the writ of summons are the plaintiffs' (Respondents') claims against the defendants (now Appellants). The claims are hereunder reproduced:

i. A declaration that the 1st–5th Defendants are not members of or related to Adoku-Ogbo Family of Ewupe, Otta, Ogun State.
ii. A declaration that the purported Power of Attorney dated 20th day of July, 1980 and deed of conveyance dated 4th day of September, 1985 executed jointly by the 1st to 7th Defendants and/or their representatives are irregular, wrongful, null and void of no legal effect whatsoever.
iii. An Order setting aside all sales and transactions affected by or pursuant to the said purported power of attorney in respect of Adoku-Ogbo Family of Ewupe Via Otta.
iv. Perpetual injunction restraining the 1st - 5th Def…

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